DeLucia v. Metropolitan Dade County

DANIEL S. PEARSON, Judge.

The appellant, Dolores DeLucia, sued Metropolitan Dade County for damages incurred when she was assaulted by a fellow passenger on a bus owned and operated by the County. The trial court entered summary judgment in favor of the County, and DeLucia appeals. We reverse.

The law by which we are guided in determining the liability of a carrier, here the County, to a passenger assaulted by a fellow passenger is set forth in Hall v. Seaboard Air Line Ry. Co., 84 Fla. 9, 93 So. 151 (1921).

“The rule ... is in substance, that the carrier is held to the highest degree of care,…